The company has expanded efforts to block underage shoppers, requiring buyers to register an e-mail address and enter a credit card number. The card is checked to verify shoppers' ages.
They obviously plan to use some means, beyond possesion of a valid CC number, to verify age.
Goddamn, are they ever. I've seen custom systems like this before, but they were 2-3 times as large. It's a little on the expensive side, but, oh... the uses.
Weird. I actually agreed with someone. Guess I'm glad it's Friday.
can't understand *why* people would want to change the way their windows respond to focus and clicks, or why they would want to change the way the dock responds
Can you read? He didn't say they don't understand why people might want to customize their environment. He said he felt it would be better if there were a single interface. Period.
I like customizing, too. But how often does a desired customization require changing your WM?
"The model around Linux is truly bizarre." about sums up his experience with Linux it seems.
Wait... so the fact that he thinks it's bizarre [sic] means he has no experience with it. But Linux zealots who think Windows is bizarre have the experience to make that judgment. Bullshit.
And I'm officially declaring that moderators should have the permission to mod down stories that are not thoroughly researched and meant to get slashbots all wound up.
Oops. Guess I forgot where I was posting for a second.
DMCA, like other copyright laws, provides no real protection for a small developer.
Overview
Imagine you've put your best efforts into developing software. The law says that you automatically own the copyright on your original works, so when a company starts distributing your work in violation of whatever license you've chosen, you probably expect copyright legislation like the DMCA to protect you. Unless you've had a lawyer involved since the beginning of development, you'd better think again. This raises questions about the viability of open source licenses such as GPL which hinge on a copyright to ensure that software projects aren't hijacked.
This is the story of a small, naïve developer who didn't file the copyright on his software and ended up being abused by Ariston Technologies, in Huntington Beach, California. My hope is that others can learn from this situation.
Summary
Ariston Technologies clearly violated copyright laws by distributing for profit a proprietary work without knowledge or permission of the copyright holder. Copyright laws such as the DMCA provide for collection of either statutory or actual damages. Current interpretation by the courts precludes collection of statutory damages unless the copyright was actually filed with the Patent Office before the violation. In the case of shareware or open source software, proving damages is exceptionally difficult. However, even in cases where the copyright has been filed, most copyright lawyers do not work on a contingency basis, and so will not bother with a case involving shareware or open source software unless the potential dollar amount is significant. The alternative is for the individual to pay for prosecution out of pocket, which can quickly exceed US$20,000, for an award that may not be even half that. So even in cases where copyright laws have clearly been violated, the net effect is that they are unable to protect the small developer.
Background
In 1998, I developed a small piece of software, Matt's Hack TV, to fill a particular need. The resulting version 1.0 binary was distributed as "email me ware," which required that users merely email me what they thought of the software. Included in the terms of release was a note that the software was not to be sold. It was not GPLed, but it was free. In 1999, I added functionality and revised the terms to include a $10 shareware fee. It was released as version 2.0.
In early 2000, I discovered that Ariston Technologies was distributing version 1.0 of the software on a CDROM sold with their iSEE-I USB product. The software was also used as advertising on the packaging material (see images to the right), and was featured at the top of the CDROM once opened. The CDROM was not provided as a public service nor was it available to the general public, even though this violated the usage terms of the first, free version. The last page of their manual included wording that stated that all software was furnished under license and that I (being the manufacturer) was effectively providing support for my stolen software, both of which were totally false.
When I first contacted Ariston, I saw the possibility of a business deal, with the potential for a wider distribution base. Unfortunately, when confronted about this matter, Mr. Lazarous Bontour, the president of Ariston Technologies, first feigned surprise and later, he significantly downplayed the situation by claiming that distribution was very limited and that the software had only been used for "tech support." Perhaps sensing impending legal problems, Mr. Bontour never seriously discussed forming a business arrangement, so money didn't enter the equation. At the end, his tone changed to insults with claims that the software "wasn't worth" it, and that they were pulling the software from their "latest" CDROM revision, even though the disk info shows the then-current version had been created in January 2000. At this point I knew I was out of my league, so I contacted an attorney to negotiate a settlement.
Several months were consumed with collecting the evidence, providing it to the attorney, and several rounds of attempted negotiation with Ariston. In the end, Ariston stonewalled the process and refused to negotiate. At this point, the only option was federal court, a costly proposition, with the daunting task of proving damages, since statutory damages are available only to software for which a copyright was actually filed before the infringement.
Pursuing the case further is apparently futile as of this writing. My only consolations are that others might benefit from my story and the hope that Ariston will either eventually get what's coming to them or change their unprincipled business practices.
Reference Materials
[ snipped quote from GPL to avoid lame lameness filter ]
for example, take a fairly normal consumer minidisc player. Those don't come with any optical out. just optical in.
That's because it's far more common to record to a minidisc than it is to record from it. They use lossy compression, and a lot of people care about quality. Anyhow, tons of cheap, generic consumer CD players have optical out.
Not exactly. The SBLive (and other inexpensive sound cards with a digital input) resample the data from the digital in. Therefore you don't have a perfect digital copy. But you have a pretty good one.
So over time, if you've edited a 1k text file 100 times with 100 byte changes each time, you've got 10x the original size rather than just the previous version. Sounds like MSWord.
like having to buy your PC preloaded with Windows.
Shut up. Just shut the hell up. This is such a tired comparison.
Of the couple dozen PCs I have purchased for myself and others over several years, not a single one of them has had Windows preloaded. Looks like you need to find a new retailer.
this can make for a real pain in the ass when you're searching for an article title, but can't find it because it was spelled wrong.
I found out recently just how true this could be. I accidentally searched for "reprt" instead of "report". Luckily, google is nice enough to try to correct you, but the results are interesting.
Slashdot Mirror
The company has expanded efforts to block underage shoppers, requiring buyers to register an e-mail address and enter a credit card number. The card is checked to verify shoppers' ages.
They obviously plan to use some means, beyond possesion of a valid CC number, to verify age.
Must... not... link to... goatse.cx...
Goddamn, are they ever. I've seen custom systems like this before, but they were 2-3 times as large. It's a little on the expensive side, but, oh... the uses.
Weird. I actually agreed with someone. Guess I'm glad it's Friday.
i.e. Microsoft sucks
Additionally I am sick and tired of intellectual property
i.e. Microsoft sucks
the open source software community is such an amazing addition to the all the sub-groups of software developers out there
i.e. Open source software is better than Microsoft, which clearly sucks
But wait... here it comes...
And for an additional quick stab at Microsoft
Get ready...
I haven't upgraded MS-Word to the 2K edition because there's just no need.
i.e. MS Word has so many nice features that I don't even need to upgrade it.
If you're going to slam Microsoft, slam them across the board. "The right tool for the job" idea is strictly forbidden here.
Can you read? He didn't say they don't understand why people might want to customize their environment. He said he felt it would be better if there were a single interface. Period.
I like customizing, too. But how often does a desired customization require changing your WM?
They sure were. Glad to see someone putting faith in the U.S. judicial system.
By the way, did you also support the U.S. judicial system's ruling in the Napster case? Just curious.
Wait... so the fact that he thinks it's bizarre [sic] means he has no experience with it. But Linux zealots who think Windows is bizarre have the experience to make that judgment. Bullshit.
What a lame ass first post attempt.
Calling Corel a "Linux Company" is like calling GE a TV company. Corel turning a profit likely has little to do with the Linux side of their business.
You forgot the ":)" there.
Oops. Guess I forgot where I was posting for a second.
Then maybe he should have hosted it on a server that can actually handle the traffic.
DMCA, like other copyright laws, provides no real protection for a small developer.
Overview
Imagine you've put your best efforts into developing software. The law says that you automatically own the copyright on your original works, so when a company starts distributing your work in violation of whatever license you've chosen, you probably expect copyright legislation like the DMCA to protect you. Unless you've had a lawyer involved since the beginning of development, you'd better think again. This raises questions about the viability of open source licenses such as GPL which hinge on a copyright to ensure that software projects aren't hijacked.
This is the story of a small, naïve developer who didn't file the copyright on his software and ended up being abused by Ariston Technologies, in Huntington Beach, California. My hope is that others can learn from this situation.
Summary
Ariston Technologies clearly violated copyright laws by distributing for profit a proprietary work without knowledge or permission of the copyright holder. Copyright laws such as the DMCA provide for collection of either statutory or actual damages. Current interpretation by the courts precludes collection of statutory damages unless the copyright was actually filed with the Patent Office before the violation. In the case of shareware or open source software, proving damages is exceptionally difficult. However, even in cases where the copyright has been filed, most copyright lawyers do not work on a contingency basis, and so will not bother with a case involving shareware or open source software unless the potential dollar amount is significant. The alternative is for the individual to pay for prosecution out of pocket, which can quickly exceed US$20,000, for an award that may not be even half that. So even in cases where copyright laws have clearly been violated, the net effect is that they are unable to protect the small developer.
Background
In 1998, I developed a small piece of software, Matt's Hack TV, to fill a particular need. The resulting version 1.0 binary was distributed as "email me ware," which required that users merely email me what they thought of the software. Included in the terms of release was a note that the software was not to be sold. It was not GPLed, but it was free. In 1999, I added functionality and revised the terms to include a $10 shareware fee. It was released as version 2.0.
In early 2000, I discovered that Ariston Technologies was distributing version 1.0 of the software on a CDROM sold with their iSEE-I USB product. The software was also used as advertising on the packaging material (see images to the right), and was featured at the top of the CDROM once opened. The CDROM was not provided as a public service nor was it available to the general public, even though this violated the usage terms of the first, free version. The last page of their manual included wording that stated that all software was furnished under license and that I (being the manufacturer) was effectively providing support for my stolen software, both of which were totally false.
When I first contacted Ariston, I saw the possibility of a business deal, with the potential for a wider distribution base. Unfortunately, when confronted about this matter, Mr. Lazarous Bontour, the president of Ariston Technologies, first feigned surprise and later, he significantly downplayed the situation by claiming that distribution was very limited and that the software had only been used for "tech support." Perhaps sensing impending legal problems, Mr. Bontour never seriously discussed forming a business arrangement, so money didn't enter the equation. At the end, his tone changed to insults with claims that the software "wasn't worth" it, and that they were pulling the software from their "latest" CDROM revision, even though the disk info shows the then-current version had been created in January 2000. At this point I knew I was out of my league, so I contacted an attorney to negotiate a settlement.
Several months were consumed with collecting the evidence, providing it to the attorney, and several rounds of attempted negotiation with Ariston. In the end, Ariston stonewalled the process and refused to negotiate. At this point, the only option was federal court, a costly proposition, with the daunting task of proving damages, since statutory damages are available only to software for which a copyright was actually filed before the infringement.
Pursuing the case further is apparently futile as of this writing. My only consolations are that others might benefit from my story and the hope that Ariston will either eventually get what's coming to them or change their unprincipled business practices.
Reference Materials
[ snipped quote from GPL to avoid lame lameness filter ]
Grammar nazi my ass.
the wealthy benefactor who donated more than ¥135bn ($1.1bn) to Sega before his death earlier this month.
He donated a billion dollars to Sega? That's sickening. I know it's cliche, but it's sad to think of what good could have been done with that money.
That's because it's far more common to record to a minidisc than it is to record from it. They use lossy compression, and a lot of people care about quality. Anyhow, tons of cheap, generic consumer CD players have optical out.
The conspiracy theory is very tiring.
Not exactly. The SBLive (and other inexpensive sound cards with a digital input) resample the data from the digital in. Therefore you don't have a perfect digital copy. But you have a pretty good one.
That's what my last sentence said. Using CVS for backup at all is riduculous. There are tools meant for that.
There's no B(ackup) in CVS.
Shut up. Just shut the hell up. This is such a tired comparison.
Of the couple dozen PCs I have purchased for myself and others over several years, not a single one of them has had Windows preloaded. Looks like you need to find a new retailer.
>capture of anonymous data is far easier and cheaper
Uh... 4x < x. The post you replied to was stating the exact same point you are. Try reading next time.
Kidding, kidding. But only half. Maybe not even half.
Get it now?
What, don't have a viewer? Oh, you must use Leenux. Too bad for you. Looks like it's time to h4x0r.
You should have written "are used".
You should have written: You should have written "are used."
Punctuation is placed inside quotes. Not "like this". But "like this."
=]
I found out recently just how true this could be. I accidentally searched for "reprt" instead of "report". Luckily, google is nice enough to try to correct you, but the results are interesting.